Legal Question in Personal Injury in Texas

Under certain circumstances, outlined in the Stowers case, a carrier may be responsible for the full amount of the demand, even if it exceeds policy limits. Your attorney may be making that kind of demand. This may be a strategic move to cause the insurance company to offer policy limits. You need to review these sorts of things with youir lawyer and not his secretary others who don't know as much about the case.

The easier it is to establish damages and liability the stronger the case.and the higher the settlement. Generally, soft tissue injuires, irregardless of the treatment are weaker than cases involving wounds and broken bones which make it obvious that an injury occurred. .

The "minimum liability limits" in Texas is now $25,000.00. It was only $20,000.00 until April 1, 2008, when it went up to $25,000.00. What you need to understand is the following: (1) 30% of all drivers in Texas have no liability insurance at all (they are "uninsured motorists"); (2) If you are involved in an accident with an uninsured motorist and you do not have "uninsured motorist coverage" on your policy, you will likely receive NOTHING for your injuries; (3) Of those drivers in Texas who are insured, 85% of them carry only the minimum policy ($25,000.00)(that's right: 85% of the drivers in Texas who do have insurance have only $25,000.00 in coverage);(4) This means there is a 96% chance that the person who runs into you has either no insurance at all or only the minimum policy; (5) No matter how much you feel your claim is worth, and no matter how much your attorney "demands," the other insurance company will never pay (nor do they have to pay) more than their policy limits; (6) The "Stowers" case mentioned above almost never works. In my 28 years as a personal injury lawyer, having settled over 9,000 personal injury cases, not one single time have I ever seen the Stowers doctrine cause an insurance company to have to pay more than their limits--not once.; and (7) The reason your lawyer demands more than the policy limits is to give him some "negotiating room." However, the amount of the demand has little to do with the true value of the case; it is merely a starting point. Bottom line: talk to your lawyer, listen to what he says, and TRUST HIM (unless and until he gives you a valid reason not to). Good luck to you in your case.